BAILIFFS

From: John H Hutchinson

22 March 2010

Dear Wirral Borough Council,

1)on how many occasions in the twelve month period before your response to this has Council used the services of a bailiff for the collection of debt? 2)For the recovery of what nature of debt was the service used? 3)What was the total value of each kind of debt? 4)What was the total charge made by the bailiffs? Yours faithfully,

Could you clarify for me if for question 3, it is the value of the debtrecovered or the total debt as passed to the bailiffs?

And in question 4, is it the charge to the Council or the fee element inthe amount collected from the debtor?

I hope you find this information of use.Kind RegardsJane CorrinInformation ManagerWirral Council

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1)on how many occasions in the twelve month period before your response to this has Council used the services of a bailiff for the collection of debt? 2)For the recovery of what nature of debt was the service used? 3)What was the total value of each kind of debt? 4)What was the total charge made by the bailiffs? Yours faithfully,

John H Hutchinson

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From: Lyon, Rosemary A.
Wirral Metropolitan Borough Council

28 April 2010

I refer to the Freedom of Information request made in your email of 22 March 2010 concerning the bailiff service. Your queries were as follows:-

1) on how many occasions in the twelve month period before your response to this has Council used the services of a bailiff for the collection of debt.

2) For the recovery of what nature of debt was the service used?

3) What was the total value of each kind of debt?

4) What was the total charge made by the bailiffs.

Ms Corrin has already provided a response to queries 1 and 2 above. She also sought clarification of queries 3 and 4. You responded by email on 6 April, indicating that :

In respect to query 3, you have asked the Council to supply, by the breakdown supplied, the value of the debt recovered by the council and the total debt as passed to the bailiffs.

In respect of query 4, you have asked the Council to supply, by the breakdown supplied, the charge to the Council and the fee element in the amount collected from the debtor.

I refer to queries 3 and 4.I consider that the exemption contained in Section 43 of the Freedom of Information Act 2000 concerning commercial interests applies to the majority of the information sought. The Council has entered into a contractual relationship with the bailiff service. A detailed response to question 3 would reveal the collection rates of the bailiffs, whose activity is conducted in a competitive environment. The Council has consulted with the bailiff service, which would be affected by any disclosure. They have indicated that disclosure of the information requested would harm their commercial interests. Having considered the matter carefully, I consider that release of the information sought in Query 3 is likely to prejudice the commercial interests of the bailiff service used by the Council by revealing information of potential usefulness to its competitors. Having regard to the public interest test, I consider that disclosing the information sought would be likely to adversely affect the bargaining position of the Council, during contractual negotiations which could result in the less effective use of public money. I therefore consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

With respect to query 4, the fees charged by bailiffs to debtors are defined by Council Tax and Business Rates Regulations and are shown on the attached Schedule. I consider that the charge to the Council made by the bailiff service is commercially sensitive information. Having consulted with the bailiff service, they have indicated that , as in respect of query 3 above, disclosure of the information requested would harm their commercial interests. Again, having considered the matter carefully, I consider that release of the information sought (apart from the fee Schedule) in Query 4 is likely to prejudice the commercial interests of the bailiff service used by the Council by revealing information of potential usefulness to its competitors. Having regard to the public interest test, I consider that disclosing the information sought would be likely to adversely affect the bargaining position of the Council, during contractual negotiations which could result in the less effective use of public money. Contractors would be less likely to bid for such work if they were aware that their charges were likely to be disclosed .I therefore consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

You have the right under Section 17 of the Freedom of Information Act 2000 to ask for an internal review of the refusal to the information requested. Please would you direct any request for an internal review to Mr Surjit Tour, Head of Legal and Member Services, Department of Law, HR and Asset Management, Town Hall, Brighton Street, Wallasey, CH44 8ED

You do have the right to complain to the information Commissioner, if you are dissatisfied with the outcome of any internal review.